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Vyaire - Motion to Exceed Confirmation Brief Page Limit

Date
2024-11-12

Summary

Doc 724-1, filed November 12, 2024 in the jointly administered Chapter 11 cases of Vyaire Medical, Inc., et al., Case No. 24-11217 (BLS), in the U.S. Bankruptcy Court for the District of Delaware, is Exhibit A, a proposed order. The unsigned order would authorize the Debtors to exceed the page limit for their Confirmation Brief. Its recitals cite jurisdiction under 28 U.S.C. § 1334, a core proceeding under 28 U.S.C. § 157(b)(2) and venue under 28 U.S.C. §§ 1408 and 1409. The operative paragraphs would grant the motion, authorize filing the Confirmation Brief in excess of the limit prescribed by Local Rule 3017-3, and retain the court's jurisdiction over the order.

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Full text

Case 24-11217-BLS   Doc 724-1   Filed 11/12/24   Page 1 of 3




                       Exhibit A

                     Proposed Order
                  Case 24-11217-BLS            Doc 724-1           Filed 11/12/24      Page 2 of 3




                         IN THE UNITED STATES BANKRUPTCY COURT
                              FOR THE DISTRICT OF DELAWARE

                                                               )
    In re:                                                     )        Chapter 11
                                                               )
    VYAIRE MEDICAL, INC., et al.,1                             )        Case No. 24-11217 (BLS)
                                                               )
                             Debtors.                          )        (Jointly Administered)
                                                               )
                                                               )        Re: Docket No. [●]

  ORDER AUTHORIZING THE DEBTORS TO EXCEED THE PAGE LIMIT
REQUIREMENT WITH RESPECT TO THE DEBTORS’ CONFIRMATION BRIEF

             Upon the motion (the “Motion”)2 of the above-captioned debtors and debtors in possession

(collectively, the “Debtors”) for entry of an order (this “Order”) authorizing the Debtors to exceed the

page limit for their Confirmation Brief, all as set forth more fully in the Motion; and the United States

District Court for the District of Delaware has jurisdiction over this matter pursuant to 28 U.S.C. §

1334, which was referred to this Court under 28 U.S.C. § 157 and the Amended Standing Order of

Reference from the United States District Court for the District of Delaware, dated February 29, 2012;

and this Court having found that this is a core proceeding pursuant to 28 U.S.C. § 157(b)(2); and this

Court having found that this Court may enter a final order consistent with Article III of the United

States Constitution; and this Court having found that venue of this proceeding and the Motion in this

district is proper pursuant to 28 U.S.C. §§ 1408 and 1409; and this Court having found that the relief

requested in the Motion is in the best interests of the Debtors’ estates, their creditors and other

parties in interest; and this Court having found that the Debtors’ notice of the Motion and



1
      The last four digits of Debtor Vyaire medical, Inc.’s federal tax identification number are 6495. A complete list
      of each of the Debtors in these chapter 11 cases and each such Debtor’s federal tax identification number may be
      obtained on the website of the Debtors’ claims and noticing agent at https://omniagentsolutions.com/Vyaire. The
      location of Debtor Vyaire Medical, Inc.’s principal place of business and the Debtors’ service address in these
      chapter 11 cases is 26125 North Riverwoods Boulevard, Mettawa, Illinois, USA 60045.
2
      Capitalized terms used but not defined herein have the meanings given to such terms in the Motion.
             Case 24-11217-BLS          Doc 724-1      Filed 11/12/24      Page 3 of 3




opportunity for a hearing on the Motion were appropriate under the circumstances and no other

notice need be provided; and this Court having reviewed the Motion; and this Court having

determined that the legal and factual bases set forth in the Motion establish just cause for the relief

granted herein; and upon all of the proceedings had before this Court; and after due deliberation

and sufficient cause appearing therefor, it is HEREBY ORDERED THAT:

       1.      The Motion is granted as set forth herein.

       2.      The Debtors are authorized to file the Confirmation Brief in excess of the page

limitation prescribed by Local Rule 3017-3.

       3.      This Court retains jurisdiction with respect to all matters arising from or related to

the implementation, interpretation and enforcement of this Order.




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File and source

File
gov.uscourts.deb.193283.724.1.pdf
Size
78,378 bytes
SHA-256
de4899f8aecbe9699a494a084b268637020807d46983d250a25919a2ca89e2a5
Our copy
gov.uscourts.deb.193283.724.1.pdf
Original
No public link identified.
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